Return to my Societe Pages index
ASSIZE. A judicial inquiry conducted by Judges acting under special commission. Before the loss of Normandy in 1204 Jersey was visited triennially by Norman Judges. In 1218 Henry I III ordered the Warden to hold Assizes, "as they were observed in the time of our grandfather", i.e. Henry II. But the Warden used to appoint Judges out of his local officials. This system favoured the local administration, and protests arose; so in 1323 Justices Itinerant (q.v.) began to be sent from England. In 1331 this was discontinued, .and the administration of justice left to the Royal Court (q.v.) with appeal to the Privy Council. The later plan of sending Royal Commissioners to inquire into complaints to some extent took the place of the old Assizes. The Assize Rolls for 1299, 1304. 1309. 1320. 1333, and 1331 are preserved in the Record Office. The Roll of 1309 has been printed by S.J. Extracts from others will be found in Second Report of Commissioners into the Criminal Law of the Channel Islands (Guernsey).
ATTORNEY-GENERAL. Procureur-General du Roi. A legal Officer of the Crown, appointed to plead the King's cause, to give guidance to the King's representatives, to advise the Royal Court on doubtful points of law, and to prosecute offenders. He has a seat in the States, and may speak, but not vote. He is legal adviser to the States. A list of Attorneys-General is in Bull. III
BANON. By Jersey law, based on the old
Coutume of Normandy, much private land was only private for six
months of the year. From the end of harvest till March all land, not
enclosed by a hedge from ancient times, was thrown open, and any
parishioner might release his cattle to graze on it. This was known
as the season of Banon. This right was recognised and enforced by the
Code of 1771. and was again affirmed and regulated by an Act of the
Stales as late as 1810.
CENTENIERS. The second rank in the
Honorary Parochial Police. Originally, like Anglo-Saxon
'Hundred-men', they were responsible for the behaviour of about a
hundred families. Now they are elected for three years by the
rate-payers of the parish to be the
Constable's chief assistants in all his
duties. If the Constable is ill or absent, the senior Centenier takes
his place as Chef de Police.
CHURCHWARDENS. Surveillants. Two Church officers in each parish appointed by the Ecclesiastical Assembly (if an election) is contested, the Rector has the right to nominate one) not only "to keep the Church in repair, and to see that all things appertaining to the ministration of the Word and Sacraments be provided", but also during the seventeenth and eighteenth centuries "to search during Divine Service places suspected of gaming, taverns, and tippling-houses", and to present before the Ecclesiastical Court "all Papists, Heretics, and Schismatics, blasphemers, such as have recourse to wizards, incestuous persons, and drunkards' ' (Canons of 1623). The parochial poor-relief is still in the Churchwardens' hands, except in St. Helier's, where, since 1908, it is administered by a special Commission, on which however the Churchwardens have a seat ex officio.
COLLOQUY. Colloque. Under the Calvinist regime a Church Court, composed of all Ministers in the island and one Elder from each parish, meeting quarterly to exercise judicial and legislative powers.
CONSISTORY. Consistoire. Under the Calvinist regime a weekly meeting of the Minister, Elders, and Deacons of the Parish to transact Church business and enforce discipline, as in the Scottish kirk-session.
CONSTABLE. Connetable. A title which, beginning as the name of the head of the Imperial stables (Comte de l'etable), rose to be the designation of high dignitaries, the Constable of France, the Constable of Scotland, the Constable of the Tower. In Jersey the Constable is civic head of his parish, represents it in the States, presides over the Parish Assembly, and is head of the Police. In early days Constables often held office for life, but since 1621 a new election is held every three years. The position is honorary. Lists of Constables will be found in Bull. Vols. V, VI, VII and XIII
CONSTABLE'S OFFICERS. Officiers du Constable. The fourth rank in the Honorary Parochial Police. Elected, formerly by the Parish .Assembly, later by each Vingtaine, to help the Constable, Centeniers, and Vingteniers in their duties. In 1804 the number was fixed at 34 for St. Helier's, 15 for St. Brelade's, and 12 for each of the other Parishes.
COUSTEUR. See LECTEUR
DEAN. Doyen. When Jersey was in the Diocese of Coutances, and still more when it was joined to Winchester. from its insular position it was rather out of touch with its Bishop. Hence from early times the Bishop entrusted to one of the clergy, known as the Dean, unusual administrative and judicial powers. Robert Merlin was Dean of Jersey in 1180; and Bull. IX prints a list of Deans since 1494- Under the Calvinist regime Deans disappeared for nearly half a century; hut the office was restored in l620. The Dean's duties differ from those of English Deans. As Commissary-General of the Bishop he is Judge in the Ecclesiastical Court (q.v.). Like an English Archdeacon his duty is to visit each parish to inspect Church properly. He issues marriage-licenses. He is appointed by the Crown, and preference must be given to a Jerseyman.
DENUNCIATOR. Denonciateur. An executive officer of the Court, appointed by the Bailiff, and subordinate to the Vicomte. He served processes. and carried the mace 'before the Bailiff. In earlier days he proclaimed new laws at the Market Cross. From 1643 Acre were two Denunciators. A list of holders of this post since 1333 is in Bull. IX. The office was abolished in 1930. Most of the Denunciator's duties are now performed by an officer known as the Sergent de Justice.
DEPUTIES FROM THE STATES. Since the 17th century, when difficulties have arisen with the British Government, the States have appointed one of more of their members to represent them before the Privy Council. This has always been regarded as a high honour.
DEPUTIES TO THE STATES. Deputes. To increase the
representative character of the States, Deputies, elected for three
years, were added in 1856, one from each country parish and three
from St. Helier's. In 1907 the Town was divided into three Districts.
each returning two Deputies. As this book goes to press the number of
Deputies is being increased. Lists of Deputies are in Bulls XIII and
XIV.
ECCLESIASTICAL ASSEMBLY. Assemblee Ecclesiastique. The Parish
Assembly (q.v.), meeting to transact Church business with the Rector,
instead of the Constable, in the Chair.
ECCLESIASTICAL COURT. Court Ecclesiasticque. This court is mentioned in 1391. It dealt with Church disputes, testamentary questions, and offences against morals. Before the reformation it also claimed the right to try all clerics accused of crime. During the Calvinist regime it ceased to exist. After its reconstitution in 1623, it was largely a Court of morals, dealing with "blasphemers, adulterers, fornicators, drunkards, and profaners of the Sabbath", its weapons being excommunication and public penance. This side of its work was quietly dropped in 1838; but it still deals with cases of clergy discipline, disputes about church buildings, matrimonial cases, and separations a mensa et thoro, and the legitimisation of children. It swears in Church officers, registers Notaries, and was the Probate Court of the island. The Dean is the Judge with the Rectors as Assessors, whose opinion he is bound to ask, but is not bound to adopt. From its Judgements appeal lies to the Bishop of Winchester.
ECRIVAINS (Scriveners). Lawyers who do most of the work performed by Solicitors in England. Formerly admitted by the Bailiff without any test. Since 1867 they must have worked five years in an Advocate's or Ecrivain's office, and then have passed a local law examination.
EPERQUERIE. {Esperkeria). A Seigneurial right. Originally a drying place for conger to which all tenants of a fief were bound to bring their fish, just as they were bound to have their corn ground at the Seigneur's mill. Early in the 13th century it was extended to include the right of pre-emption.
ESQUIRE. Ecuyer. A much coveted title in Jersey about which there was frequent dispute; for the island followed the French rule. by which Ecuyers were reckoned as the Third Order of the Noblesse (Lords, Knights, Esquires). An Ecuyer was one of the Noblesse. In Jersey it was at first reserved for Seigneurs of the greater fiefs. In 1712 it was extended to all Jurats. In 1786 a Guernsey Order in Council, registered in Jersey, granted it to all Militia officers above the rank of Lieutenant.
EXTENTE. A detailed statement of the Crown revenues from the island, drawn up parish by parish. The Extentes of 1274,1331,1528,1607 and 1749 have been printed by SJ.
GENTLEMAN PORTER of Mount Orgueil, and, later, Elizabeth Castle. A position of some dignity. Two Gentlemen Porters of Mount Orgueil became Bailiffs and one a Vicomte. In the Civil War, when Sir Philippe de Carteret died in Elizabeth Castle, Hungerford, the Gentleman-Porter, assumed command. The Gentleman-Porter kept the keys of the Castle, was responsible for the opening and closing of the :gates, and for the safe custody of all prisoners, political and criminal.
GOVERNOR. Gouveneur. Till 1471 there was only one Governor over all the Channel Islands; see LORD OF THE ISLES. WARDEN OF THE ISLES ; but from the appointment of Harliston as "Capitain et Gouveneur de Jersey" Jersey had a Governor of its own. At first the Captains, as they were usually called, were heads of the civil administration as well as the military, but gradually the Bailiffs secured more power, till in 1617 Bailiff Herault (q.v.) obtained an Order in Council declaring that military matters were the province of the Governor and civil affairs of the Bailiff. The office often for long periods became a sinecure, the Governor seldom visiting Jersey, and leaving his duties to a Lieutenant-Governor. It was abolished in 1834. A list of Governors since 1471 is printed in Bulls IV and V.
GREFFIER. Cleric and Registrar of the Court and Keeper of the Records. From the 13th to the 16th century he was called the Clerc de la Cour. He had charge of all archives of Court and States. Financial disputes and other matters were often sent before him as Greffier Arbitre. In the States his duties included drawing up in due form proposals and amendments, and drafting the final Acts. At one time he used to count the votes, and announce the results. Since 1931 he is known as Greffier Judiciaire, and a separate Greffier performs the duties connected with the States. The Ecclesiastical Court has always had a Greffier of its own. A list of Greffiers is in Bull. VIII.
JURATS or Jures Justiciers. Twelve honorary, elected Judges, who with the Bailiff form the Royal Court. "The problem of the origin of Jurats". writes Le Patourel, "is one of most baffling in the history of the islands". There are two apparently contradictory statements. At the Inquest of 1348 the islanders asserted that King John "instituted twelve sworn coroners (coronatores jurati) to keep the pleas and rights pertaining to the Crown". A reorganisation of island institutions must have been necessary after the separation from Normandy, and many in 1248 remembered the reign of John ; but Jurats are more akin to "doomsmen" and other old Teutonic customs than to the feudal ideas of the 13th century. And in l309, when Justices Itinerant demanded by what right Jurats were elected, the islands replied that "their forefathers from time immemorial have always been wont to have twelve Jurats from among themselves", who "Judge all causes, pleas, contempts, transgressions, and felonies. except such as be too arduous". Does the earlier statement merely mean that John made the existing Jurats coroners? The word Jurati at first seems merely an adjective, 'bound by an oath', but it soon established itself as a title. We read of 'the King's Jurats'. 'Jurats of the Assizes', 'Jurats of the Royal Court'. By the middle of the 13th century their position is clear. In the King's Courts all judgements were rendered and all fines assessed by them. Even when Justices Itinerant visited the island, the Jurats claimed to sit with them, and this claim was usually allowed. The method of election varied. In 1323 they were chosen "by the King's officers and the optimates (magnates) of the country". Maulevrier's Constitutions in 1462 order their election by the Bailiff, Jurats, Rectors, and Constables. In 1600 instructions were issued, "according to the ancient and laudable customs of the isle", that the Constables should consult their Parish Assemblies, and submit three candidates to the States, who would select one of them. But from 1603 Jurats have been elected "by the plurality of votes of the common people of the isle". Once elected they cannot resign without special permission from the King in Council. A list of Jurats since 1274 is in Bulls. IV. VIII, and IX. (See Le Patourel's Mediaeval Administration of he Channel Islands, Havel's Courts Royales des iles Normandes, and HM Godfray’s paper L’Origine des Jures-Justiciers in Bill III.)
JUSTICES ITINERANT. The equivalent of the English Justices in Eyre (i.e. in itinere). See ASSIZE.
LIEUTENANT-BAILIFF. Lieutenant-Bailli. Someone, generally a Jurat, nominated by the Bailiff to perform his duties, when he is ill or absent from the island. A list of Lieutenant- Bailiffs is in Bull. IV and XII.
LIVRES-TOURNOIS. In early days the great Abbey of St. Martin at Tours had the privilege of coining money, and the City of Tours retained its mint till 1723. Its livres tournois, sols tournois, and deniers tournois were worth rather less than the livres, sols, and deniers minted in Paris. Till Oct. 1834 the tournois coinage remained -the legal currency in Jersey. Fines inflicted by the Court were always reckoned in livres tournois. The Extentes show how the value of this livre varied when compared with sterling. In 1331 it was worth 3 shillings ; in 1668 1s 6 ½ d ; in 1730 1/5 ; in 1749 1/4 ; in 1833 9 ¼ d. Of the lesser coins 12 deniers made a sol ; 20 sols made a livre.
LIEUTENANT-GOVERNOR. Lieut.-Governor. When the island had a resident Governor, his Lieutenant "was merely his deputy, performing his duties in his absence. But when, as often happened. Governors were non-resident, the Lieut.-Governor exercised all the Governor's powers. Since 1834 no Governor has been appointed, only a Lieut.-Governor. He commands all troops in the island. The States cannot meet without his consent. He can veto Acts of the States, but, if he does so, must states his reasons to the Secretary of State. Lists are in Bulls II, IV and V.
LORD OF THE ISLES. Dominus insularum. Seigneur des iles. During the 13th century the custom arose of providing a important person with an income by appointing him Lord of the Isles. He was usually non-resident. Prince John, afterwards King, and Prince Edward, later Edward I, held this post. Otto de Grandison was Lord for nearly fifty years, hut only once visited the islands. They appointed Wardens (q.v.) to do the work After a gap of nearly a century the sinecure was revived in 1415 for the brother of Henry V. The last of these Lords was Warwick the King Maker.
PREVOT. Originally every Seigneurial Court had its Prevot. appointed annually on some Fiefs by the Seigneur, on others by the Tenants, "to guard the rights of the Seigneur and the tenants, to make good all summonses and loyal records, and to pay the corn-rentes, fermes, and extracts". He had to enforce all orders of the Court and all bye-laws of the Fief. With the decay of the Seigneurial Courts these officials died out except on the King's Fiefs, where one is still appointed for each of the ten parishes that contain a Royal Manor. At very Assise d’Heritage the Prev6ts du Roi hand in lists of persons who have died without direct heirs, of persons presumed to 'be dead, of wreckage, treasure-trove, and other information from which the King should benefit. In time their duties were extended to the collection of all amounts in their parish due to the King, whether the debtors lived on or off the Crown Fief, including fines imposed by the Royal Court. They also serve summonses in their parish. In two parishes, St. Ouen's and St. Clement's, which have no Crown Fief, these duties are performed by the Prevots of the neighbouring parishes of St. Mary's and Grouville. (See printed Proceedings in Privy Council between Attorney-General and Joseph Moignan 1892)
PRINCIPAUX. Ratepayers assessed above a certain figure, and therefore entitled to attend the Parish Assembly. The figure has varied at different times and in different parishes.
PROCUREUR DU BIEN PUBLIC. A trustee, elected by the Parish Assembly, whose main duty is to pass deeds or contracts, to conduct parish law-suits, and to keep a watchful eye on the Constable’s finance.
RECTOR. Recteur. The title of the incumbents of the twelve ancient parishes has varied at different times. In the 13th century it -was Recteur ; then it became Cure-Recteur ; then Cure. In five volumes of the Coutances Registers (l487-1555) island clergy are only three times called Rector, and in every other case Curatus, i.e. Cure. After the Reformation the universal title was Ministre, and this is the word listed in the Canons. In the 17th century the word Recteur began to reappear. The Rectors sat in the States ever since that Assembly existed. Lists of Rectors will be found in Bulls. Vols. VII, VIII. and X.
REGENT. Regent. The usual mediaeval title in France for a schoolmaster, given in Jersey to the Headmasters of the Grammar Schools of St. Anastase and St. Mannelier.
ROYAL COMMISSIONERS. Commissaires Royaux. Persons appointed from time to time by the Crown through the Privy Council to visit Jersey to investigate complaints, and to report.
ROYAL COURT. Cour Royale. The Court of Justice, composed of the twelve Jurats under the presidency of the Bailiff. Its origin is bound up with the problem of the origin of Jurats (q.v.). The Cartulaire shows it functioning through the 13th century, but it was overshadowed by the triennial visits of the Justices Itinerant, for whom all important cases were reserved. The last of these visitations was in 1351. and in 1349 the Warden was given "full power to judge and chastise evil doers and exercise full Jurisdiction in the King's name" (P.R.). Still however disputes from the islands were taken before the King's Bench at Westminster; but in 1368 this Court declared itself incompetent to deal with them (see Coke's' Institutes), and henceforth they were left entirely to the Royal Court with right of appeal to the Privy Council. In the 14th century the Court divided itself into two tribunals, the Cour d'Heritage, dealing with real property, and the Cour de Catel, dealing with chattels and criminals. Two subsidiary Courts were added later, whose duties were never very closely defined, the Cour du Billet and the Cour du Samedi. The Cour de Catel was abolished in 1863. In the lower Courts the Bailiff and two Jurats form a quorum. Appeals from these lie to the Full Court, at which seven Jurats must be present. In addition to its Judicial powers the Royal Court till -the middle of the 16th century was the only legislative body in Jersey. As the States began to gain power, Acts of the States and Ordinances of the Court had equal authority. In 1771 an Order in Council withdrew from the Court all legislative rights (see Havet’s Cours Royales, Le Patourel’s Medieval Administration).
ST. MANNELIER. A free Grammar School at St. Savours established by Jean Hue (q.v.) in 1477. re-endowed by Jean Neel (q.v.) and Vincent Tehy (q.v.) in 1496. Descriptions of it its later days will be found in John Wesley's Journal and in W.L. De Gruchy’s reminiscences. The endowment is now used for scholarships at Victoria College.
SEIGNEUR. The Lord of a Fief, the possession of which entitled the owner to claim certain Seigneurial Rights, relics of the Feudal System. Great Minors, like St, Ouen's and Samares, had the right of Haute justice, in early times to condemn their tenants to death, later, if a tenant was sentenced by the Court, to hang him on the manorial gallows. The latter claim was often enforced as late as the 17th century, and in the case of Samares was confirmed by Patent in 1693. Property of criminals hanged or transported was forfeit to the Seigneur. In the Middle Ages the chief burden, on tenants was the corvee, the carriage of the Seigneur's wood, wine, and hay. wherever required; but this had lapsed by the 16th century. Eperquerie, the first choice of all conger, had been commuted to essiage, a yearly tax of 6 sols on fishermen. Other rights lasted well into the eighteenth century, vraicq, the privilege of cutting seaweed ahead of other parishioners, verp, the fine on impounded cattle, gravage, one third of the goods washed up by the sea, chasse, the sole right to hunt or shoot on the Fief. On some Fiefs tenants had to bring their corn to be ground at the Seigneur's mill, and to keep the mill in repair. On some the Seigneur might build a colombier, and breed pigeons, which would feed on his tenants' crops. Seigneurs still claim the right to enjoy for a year and a day the revenue from the real estate of any tenant, who dies without direct heirs of his body.
SOLICITOR-GENERAL, more correctly ADVOCATE-GENERAL, Avocat-General du Roi. First mentioned in the 16th century. A Crown Officer, who originally merely took the place of the Attorney-General, when the latter was ill or absent from the island. Since the creation of a Law Officers' Department in 1930. his position has become practically that of Assistant Attorney-General. He takes his full share of the chamber work of the Department, though the bulk of the Court work is still done by the Attorney. A list of Solicitors-General is in Bull III.
STATES. Etats, Till the 16th century the Royal Court was the only legislative body in Jersey. Then the custom arose of sometimes calling in the Rectors and Constables for consultation. What began as a matter of courtesy became expected as a right. The Assembly of Jurats, Rectors, and Constables grew into a separate body. In 1549 a summons was issued to "the Estates of this island, that is to say the Jurats, Rectors, and Constables, to meet to have advice on matters which concern the common good". (The word Etats was in common use in France at this time. The French Parliament was called the Etats Generaux, and there were provincial Etats de Normandie, Etats de Bretagne, Etats de Bourgogne, etc.) For the next two centuries the island had two legislative bodies. Ordinances of the Court and Acts of the States were equally binding. In 1771 an Order in Council made the States the only body with power to legislate. It can make temporary regulations for three years without express permission from the Crown, but all permanent laws must be submitted through the Privy Council for the King's assent. The representative element in the States was strengthened in 1836 by the addition of Deputies. (See J.A. Messervy's Preface to Les Actes des Etats). Further drastic changes are being made as this book goes to press.
SYNOD. Synode. Under the Calvinist regime the annual meeting of all Ministers in the Channel Islands and one Elder from each parish, held in alternate years in Jersey and Guernsey
VICTORIA COLLEGE. A Public School for boys. supported by the States, founded in 1852 to commemorate the visit of Queen Victoria to the island.
VINGTENIER. The third rank in the Honorary Parochial Police. Every parish (except St. Ouen's, where the sub-divisions are called Cueillettes) is divided into Vingtaines, originally containing about twenty families. In each a Vingtenier is elected to collect the rate (except in St. Helier's, which has now a paid collector) and to help the Constable and Centeniers to preserve the peace.
VISCOUNT. Vicomte. In ancient France a very high dignitary. the Vice-Count (cf. Viceroy, Vice-President, Vice- Chancellor), -who took the place of the Count or Duke, when absent. Later in Normandy a Viscount was appointed over each county, the Viscount of the Cotentin, the Viscount of the Avranchin, etc. A charter of 1179 shows a Viscount holding the King's Court in Guernsey (Cart.). In time the dignity of the name was forgotten, and the Viscount became a mere Court official. By the 14th century the Viscount in Jersey was the chief executive officer of the Court, appointed by the Crown to see that orders of the Court were carried out, to issue summonses, to make arrests, to keep prisoners in custody, to abate nuisances, to deliver seisin 'by the Viscount's rod'. He also acted as Coroner, and till 1885 the Public Markets were under his control. He read aloud Royal Proclamations in the Royal Square, was Comptroller of Weights and Measures and a member of the Prison Board. A list of Viscounts is in Bull. III.
VRAIC. A local seaweed, used for manure, and up to the 18th century dried and burnt as fuel. Two carefully regulated Vraic Harvests were held every year in February and June.